McCarthy v. State

GRAVES, Judge.

Appellant was charged with drunken driving and through accident and mistake, striking and killing Johnny Schwab, an eight-year-old child, and upon conviction, he was given a term of three years in the state penitentiary.

Appellant filed a plea to the jurisdiction alleging that the offense charged herein was that of negligent homicide and but a misdemeanor of which the district court had no jurisdiction. In conjunction therewith he attacks the constitutionality of Articles 802, 802b and 802c, Vernon’s Ann. Tex. P. C., and insists that the allegations found herein are sufficient…